Obtaining an annulment under Minnesota laws

On behalf of Terzich & Ort, LLP posted in Divorce on Friday, June 19, 2015.

An annulment is a kind of legal dissolution of a marriage which, much like a divorce proceeding, essentially ends the marital union between two parties by declaring the marriage never took place. In Minnesota, annulling a marriage is the same as voiding a marriage. Couples who choose to annul their marriages essentially declare that the marriages never existed.

Getting an annulment often can be riddled with legal complexities because it is always difficult to establish grounds for annulment. The court granting annulment would be compelled to declare a couple's marriage completely "void ab initio." Most couples beginning an annulment proceeding often consult professional legal help in order to proceed with the annulment quickly and without misstep.

Three main grounds may be the basis of an annulment or ending of a marital bond. First, it must be proven that one party was unable to give full and complete voluntary consent to marrying. If a spouse is declared mentally incapacitated due to mental illness or mental deficiency, the court usually deems these situations fitting enough to annul.

If it could be proven by legal representatives that one spouse was intoxicated, drugged or in any other way under the influence of some substance to the point of inability to understand what he or she was agreeing to in a marriage then that would also be grounds for annulment. Furthermore, if it is proven that consent for the marriage was obtained fraudulently or under coercion, then an annulment can be sought.

Furthermore, another ground for annulment is if one of the parties to the marriage is not able to physically consummate the marriage. In such cases, however, it must also be proven that the other spouse was not aware of this incapability before or at the time of the marriage. Annulment of a marital union can also be sought if one or both the spouses are minors, under the age of 18.

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